Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1665 Compare Versions

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1-Public Act 103-0492
21 SB1665 EnrolledLRB103 27577 KTG 53953 b SB1665 Enrolled LRB103 27577 KTG 53953 b
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4-AN ACT concerning public aid.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Hospital Uninsured Patient Discount Act is
8-amended by changing Sections 5, 10, and 15 as follows:
9-(210 ILCS 89/5)
10-Sec. 5. Definitions. As used in this Act:
11-"Community health center" means a federally qualified
12-health center as defined in Section 1905(l)(2)(B) of the
13-federal Social Security Act or a federally qualified health
14-center look-alike.
15-"Cost to charge ratio" means the ratio of a hospital's
16-costs to its charges taken from its most recently filed
17-Medicare cost report (CMS 2552-96 Worksheet C, Part I, PPS
18-Inpatient Ratios).
19-"Critical Access Hospital" means a hospital that is
20-designated as such under the federal Medicare Rural Hospital
21-Flexibility Program.
22-"Family income" means the sum of a family's annual
23-earnings and cash benefits from all sources before taxes, less
24-payments made for child support.
25-"Federal poverty income guidelines" means the poverty
26-guidelines updated periodically in the Federal Register by the
3+1 AN ACT concerning public aid.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Hospital Uninsured Patient Discount Act is
7+5 amended by changing Sections 5, 10, and 15 as follows:
8+6 (210 ILCS 89/5)
9+7 Sec. 5. Definitions. As used in this Act:
10+8 "Community health center" means a federally qualified
11+9 health center as defined in Section 1905(l)(2)(B) of the
12+10 federal Social Security Act or a federally qualified health
13+11 center look-alike.
14+12 "Cost to charge ratio" means the ratio of a hospital's
15+13 costs to its charges taken from its most recently filed
16+14 Medicare cost report (CMS 2552-96 Worksheet C, Part I, PPS
17+15 Inpatient Ratios).
18+16 "Critical Access Hospital" means a hospital that is
19+17 designated as such under the federal Medicare Rural Hospital
20+18 Flexibility Program.
21+19 "Family income" means the sum of a family's annual
22+20 earnings and cash benefits from all sources before taxes, less
23+21 payments made for child support.
24+22 "Federal poverty income guidelines" means the poverty
25+23 guidelines updated periodically in the Federal Register by the
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33-United States Department of Health and Human Services under
34-authority of 42 U.S.C. 9902(2).
35-"Financial assistance" means a discount provided to a
36-patient under the terms and conditions a hospital offers to
37-qualified patients or as required by law.
38-"Free and charitable clinic" means a 501(c)(3) tax-exempt
39-health care organization providing health services to
40-low-income uninsured or underinsured individuals that is
41-recognized by either the Illinois Association of Free and
42-Charitable Clinics or the National Association of Free and
43-Charitable Clinics.
44-"Guaranteed income program" means a publicly or privately
45-funded program that provides one-time or recurring
46-unconditional cash transfers or payments, or gifts to
47-individuals or households, for a defined number of months or
48-years for the purposes of reducing poverty, promoting economic
49-mobility, or increasing the financial stability of Illinois
50-residents.
51-"Health care services" means any medically necessary
52-inpatient or outpatient hospital service, including
53-pharmaceuticals or supplies provided by a hospital to a
54-patient.
55-"Hospital" means any facility or institution required to
56-be licensed pursuant to the Hospital Licensing Act or operated
57-under the University of Illinois Hospital Act.
58-"Illinois resident" means any person who lives in Illinois
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34+1 United States Department of Health and Human Services under
35+2 authority of 42 U.S.C. 9902(2).
36+3 "Financial assistance" means a discount provided to a
37+4 patient under the terms and conditions a hospital offers to
38+5 qualified patients or as required by law.
39+6 "Free and charitable clinic" means a 501(c)(3) tax-exempt
40+7 health care organization providing health services to
41+8 low-income uninsured or underinsured individuals that is
42+9 recognized by either the Illinois Association of Free and
43+10 Charitable Clinics or the National Association of Free and
44+11 Charitable Clinics.
45+12 "Guaranteed income program" means a publicly or privately
46+13 funded program that provides one-time or recurring
47+14 unconditional cash transfers or payments, or gifts to
48+15 individuals or households, for a defined number of months or
49+16 years for the purposes of reducing poverty, promoting economic
50+17 mobility, or increasing the financial stability of Illinois
51+18 residents.
52+19 "Health care services" means any medically necessary
53+20 inpatient or outpatient hospital service, including
54+21 pharmaceuticals or supplies provided by a hospital to a
55+22 patient.
56+23 "Hospital" means any facility or institution required to
57+24 be licensed pursuant to the Hospital Licensing Act or operated
58+25 under the University of Illinois Hospital Act.
59+26 "Illinois resident" means any person who lives in Illinois
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61-and who intends to remain living in Illinois indefinitely.
62-Relocation to Illinois for the sole purpose of receiving
63-health care benefits does not satisfy the residency
64-requirement under this Act.
65-"Medically necessary" means any inpatient or outpatient
66-hospital service, including pharmaceuticals or supplies
67-provided by a hospital to a patient, covered under Title XVIII
68-of the federal Social Security Act for beneficiaries with the
69-same clinical presentation as the uninsured patient. A
70-"medically necessary" service does not include any of the
71-following:
72-(1) Non-medical services such as social and vocational
73-services.
74-(2) Elective cosmetic surgery, but not plastic surgery
75-designed to correct disfigurement caused by injury,
76-illness, or congenital defect or deformity.
77-"Rural hospital" means a hospital that is located outside
78-a metropolitan statistical area.
79-"Uninsured discount" means a hospital's charges multiplied
80-by the uninsured discount factor.
81-"Uninsured discount factor" means 1.0 less the product of
82-a hospital's cost to charge ratio multiplied by 1.35.
83-"Uninsured patient" means an Illinois resident who is a
84-patient of a hospital and is not covered under a policy of
85-health insurance and is not a beneficiary under a public or
86-private health insurance, health benefit, or other health
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89-coverage program, including high deductible health insurance
90-plans, workers' compensation, accident liability insurance, or
91-other third party liability.
92-(Source: P.A. 102-581, eff. 1-1-22.)
93-(210 ILCS 89/10)
94-Sec. 10. Uninsured patient discounts.
95-(a) Eligibility.
96-(1) A hospital, other than a rural hospital or
97-Critical Access Hospital, shall provide a discount from
98-its charges to any uninsured patient who applies for a
99-discount and has family income of not more than 600% of the
100-federal poverty income guidelines for all medically
101-necessary health care services exceeding $150 in any one
102-inpatient admission or outpatient encounter.
103-(2) A hospital, other than a rural hospital or
104-Critical Access Hospital, shall provide a charitable
105-discount of 100% of its charges for all medically
106-necessary health care services exceeding $150 in any one
107-inpatient admission or outpatient encounter to any
108-uninsured patient who applies for a discount and has
109-family income of not more than 200% of the federal poverty
110-income guidelines.
111-(3) A rural hospital or Critical Access Hospital shall
112-provide a discount from its charges to any uninsured
113-patient who applies for a discount and has annual family
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116-income of not more than 300% of the federal poverty income
117-guidelines for all medically necessary health care
118-services exceeding $300 in any one inpatient admission or
119-outpatient encounter.
120-(4) A rural hospital or Critical Access Hospital shall
121-provide a charitable discount of 100% of its charges for
122-all medically necessary health care services exceeding
123-$300 in any one inpatient admission or outpatient
124-encounter to any uninsured patient who applies for a
125-discount and has family income of not more than 125% of the
126-federal poverty income guidelines.
127-(5) In determining eligibility under this Act, a
128-hospital subject to this Act shall exclude from
129-consideration any unconditional cash transfers, payments,
130-or gifts received under a guaranteed income program if:
131-(A) such cash transfers, payments, or gifts are
132-excluded from consideration for determining
133-eligibility under public health insurance programs
134-administered by the State in which the State has the
135-authority to waive guaranteed income; and
136-(B) the guaranteed income program is a program for
137-a defined number of months or years designed to reduce
138-poverty, promote social mobility, or increase
139-financial stability for program participants and if
140-there is an explicit plan to collect data.
141-This paragraph is inoperative on and after July 1,
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70+1 and who intends to remain living in Illinois indefinitely.
71+2 Relocation to Illinois for the sole purpose of receiving
72+3 health care benefits does not satisfy the residency
73+4 requirement under this Act.
74+5 "Medically necessary" means any inpatient or outpatient
75+6 hospital service, including pharmaceuticals or supplies
76+7 provided by a hospital to a patient, covered under Title XVIII
77+8 of the federal Social Security Act for beneficiaries with the
78+9 same clinical presentation as the uninsured patient. A
79+10 "medically necessary" service does not include any of the
80+11 following:
81+12 (1) Non-medical services such as social and vocational
82+13 services.
83+14 (2) Elective cosmetic surgery, but not plastic surgery
84+15 designed to correct disfigurement caused by injury,
85+16 illness, or congenital defect or deformity.
86+17 "Rural hospital" means a hospital that is located outside
87+18 a metropolitan statistical area.
88+19 "Uninsured discount" means a hospital's charges multiplied
89+20 by the uninsured discount factor.
90+21 "Uninsured discount factor" means 1.0 less the product of
91+22 a hospital's cost to charge ratio multiplied by 1.35.
92+23 "Uninsured patient" means an Illinois resident who is a
93+24 patient of a hospital and is not covered under a policy of
94+25 health insurance and is not a beneficiary under a public or
95+26 private health insurance, health benefit, or other health
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144-2026.
145-(b) Discount. For all health care services exceeding $300
146-in any one inpatient admission or outpatient encounter, a
147-hospital shall not collect from an uninsured patient, deemed
148-eligible under subsection (a), more than its charges less the
149-amount of the uninsured discount.
150-(c) Maximum Collectible Amount.
151-(1) The maximum amount that may be collected in a
152-12-month period for health care services provided by the
153-hospital from a patient determined by that hospital to be
154-eligible under subsection (a) is 20% of the patient's
155-family income, and is subject to the patient's continued
156-eligibility under this Act.
157-(2) The 12-month period to which the maximum amount
158-applies shall begin on the first date, after the effective
159-date of this Act, an uninsured patient receives health
160-care services that are determined to be eligible for the
161-uninsured discount at that hospital.
162-(3) To be eligible to have this maximum amount applied
163-to subsequent charges, the uninsured patient shall inform
164-the hospital in subsequent inpatient admissions or
165-outpatient encounters that the patient has previously
166-received health care services from that hospital and was
167-determined to be entitled to the uninsured discount. The
168-availability of the maximum collectible amount shall be
169-included in the hospital's financial assistance
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172-information provided to uninsured patients.
173-(4) Hospitals may adopt policies to exclude an
174-uninsured patient from the application of subdivision
175-(c)(1) when the patient owns assets having a value in
176-excess of 600% of the federal poverty level for hospitals
177-in a metropolitan statistical area or owns assets having a
178-value in excess of 300% of the federal poverty level for
179-Critical Access Hospitals or hospitals outside a
180-metropolitan statistical area, not counting the following
181-assets: the uninsured patient's primary residence;
182-personal property exempt from judgment under Section
183-12-1001 of the Code of Civil Procedure; or any amounts
184-held in a pension or retirement plan, provided, however,
185-that distributions and payments from pension or retirement
186-plans may be included as income for the purposes of this
187-Act.
188-(d) Each hospital bill, invoice, or other summary of
189-charges to an uninsured patient shall include with it, or on
190-it, a prominent statement that an uninsured patient who meets
191-certain income requirements may qualify for an uninsured
192-discount and information regarding how an uninsured patient
193-may apply for consideration under the hospital's financial
194-assistance policy. The hospital's financial assistance
195-application shall include language that directs the uninsured
196-patient to contact the hospital's financial counseling
197-department with questions or concerns, along with contact
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200-information for the financial counseling department, and shall
201-state: "Complaints or concerns with the uninsured patient
202-discount application process or hospital financial assistance
203-process may be reported to the Health Care Bureau of the
204-Illinois Attorney General.". A website, phone number, or both
205-provided by the Attorney General shall be included with this
206-statement.
207-(Source: P.A. 102-581, eff. 1-1-22.)
208-(210 ILCS 89/15)
209-Sec. 15. Patient responsibility.
210-(a) Hospitals may make the availability of a discount and
211-the maximum collectible amount under this Act contingent upon
212-the uninsured patient first applying for coverage under public
213-health insurance programs, such as Medicare, Medicaid,
214-AllKids, the State Children's Health Insurance Program, the
215-Health Benefits for Immigrants program, or any other program,
216-if there is a reasonable basis to believe that the uninsured
217-patient may be eligible for such program.
218-(b) Hospitals shall permit an uninsured patient to apply
219-for a discount within 90 days of the date of discharge or date
220-of service.
221-Hospitals shall offer uninsured patients who receive
222-community-based primary care provided by a community health
223-center or a free and charitable clinic, are referred by such an
224-entity to the hospital, and seek access to nonemergency
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106+1 coverage program, including high deductible health insurance
107+2 plans, workers' compensation, accident liability insurance, or
108+3 other third party liability.
109+4 (Source: P.A. 102-581, eff. 1-1-22.)
110+5 (210 ILCS 89/10)
111+6 Sec. 10. Uninsured patient discounts.
112+7 (a) Eligibility.
113+8 (1) A hospital, other than a rural hospital or
114+9 Critical Access Hospital, shall provide a discount from
115+10 its charges to any uninsured patient who applies for a
116+11 discount and has family income of not more than 600% of the
117+12 federal poverty income guidelines for all medically
118+13 necessary health care services exceeding $150 in any one
119+14 inpatient admission or outpatient encounter.
120+15 (2) A hospital, other than a rural hospital or
121+16 Critical Access Hospital, shall provide a charitable
122+17 discount of 100% of its charges for all medically
123+18 necessary health care services exceeding $150 in any one
124+19 inpatient admission or outpatient encounter to any
125+20 uninsured patient who applies for a discount and has
126+21 family income of not more than 200% of the federal poverty
127+22 income guidelines.
128+23 (3) A rural hospital or Critical Access Hospital shall
129+24 provide a discount from its charges to any uninsured
130+25 patient who applies for a discount and has annual family
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227-hospital-based health care services with an opportunity to be
228-screened for and assistance with applying for public health
229-insurance programs if there is a reasonable basis to believe
230-that the uninsured patient may be eligible for a public health
231-insurance program. An uninsured patient who receives
232-community-based primary care provided by a community health
233-center or free and charitable clinic and is referred by such an
234-entity to the hospital for whom there is not a reasonable basis
235-to believe that the uninsured patient may be eligible for a
236-public health insurance program shall be given the opportunity
237-to apply for hospital financial assistance when hospital
238-services are scheduled.
239-(1) Income verification. Hospitals may require an
240-uninsured patient who is requesting an uninsured discount
241-to provide documentation of family income. Acceptable
242-family income documentation shall include any one of the
243-following:
244-(A) a copy of the most recent tax return;
245-(B) a copy of the most recent W-2 form and 1099
246-forms;
247-(C) copies of the 2 most recent pay stubs;
248-(D) written income verification from an employer
249-if paid in cash; or
250-(E) one other reasonable form of third party
251-income verification deemed acceptable to the hospital.
252-(2) Asset verification. Hospitals may require an
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255-uninsured patient who is requesting an uninsured discount
256-to certify the existence or absence of assets owned by the
257-patient and to provide documentation of the value of such
258-assets, except for those assets referenced in paragraph
259-(4) of subsection (c) of Section 10. Acceptable
260-documentation may include statements from financial
261-institutions or some other third party verification of an
262-asset's value. If no third party verification exists, then
263-the patient shall certify as to the estimated value of the
264-asset.
265-(3) Illinois resident verification. Hospitals may
266-require an uninsured patient who is requesting an
267-uninsured discount to verify Illinois residency.
268-Acceptable verification of Illinois residency shall
269-include any one of the following:
270-(A) any of the documents listed in paragraph (1);
271-(B) a valid state-issued identification card;
272-(C) a recent residential utility bill;
273-(D) a lease agreement;
274-(E) a vehicle registration card;
275-(F) a voter registration card;
276-(G) mail addressed to the uninsured patient at an
277-Illinois address from a government or other credible
278-source;
279-(H) a statement from a family member of the
280-uninsured patient who resides at the same address and
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283-presents verification of residency;
284-(I) a letter from a homeless shelter, transitional
285-house or other similar facility verifying that the
286-uninsured patient resides at the facility; or
287-(J) a temporary visitor's drivers license.
288-(c) Hospital obligations toward an individual uninsured
289-patient under this Act shall cease if that patient
290-unreasonably fails or refuses to provide the hospital with
291-information or documentation requested under subsection (b) or
292-to apply for coverage under public programs when requested
293-under subsection (a) within 30 days of the hospital's request.
294-(d) In order for a hospital to determine the 12 month
295-maximum amount that can be collected from a patient deemed
296-eligible under Section 10, an uninsured patient shall inform
297-the hospital in subsequent inpatient admissions or outpatient
298-encounters that the patient has previously received health
299-care services from that hospital and was determined to be
300-entitled to the uninsured discount.
301-(e) Hospitals may require patients to certify that all of
302-the information provided in the application is true. The
303-application may state that if any of the information is
304-untrue, any discount granted to the patient is forfeited and
305-the patient is responsible for payment of the hospital's full
306-charges.
307-(f) Hospitals shall ask for an applicant's race,
308-ethnicity, sex, and preferred language on the financial
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141+1 income of not more than 300% of the federal poverty income
142+2 guidelines for all medically necessary health care
143+3 services exceeding $300 in any one inpatient admission or
144+4 outpatient encounter.
145+5 (4) A rural hospital or Critical Access Hospital shall
146+6 provide a charitable discount of 100% of its charges for
147+7 all medically necessary health care services exceeding
148+8 $300 in any one inpatient admission or outpatient
149+9 encounter to any uninsured patient who applies for a
150+10 discount and has family income of not more than 125% of the
151+11 federal poverty income guidelines.
152+12 (5) In determining eligibility under this Act, a
153+13 hospital subject to this Act shall exclude from
154+14 consideration any unconditional cash transfers, payments,
155+15 or gifts received under a guaranteed income program if:
156+16 (A) such cash transfers, payments, or gifts are
157+17 excluded from consideration for determining
158+18 eligibility under public health insurance programs
159+19 administered by the State in which the State has the
160+20 authority to waive guaranteed income; and
161+21 (B) the guaranteed income program is a program for
162+22 a defined number of months or years designed to reduce
163+23 poverty, promote social mobility, or increase
164+24 financial stability for program participants and if
165+25 there is an explicit plan to collect data.
166+26 This paragraph is inoperative on and after July 1,
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311-assistance application. However, the questions shall be
312-clearly marked as optional responses for the patient and shall
313-note that responses or nonresponses by the patient will not
314-have any impact on the outcome of the application.
315-(Source: P.A. 102-581, eff. 1-1-22.)
316-Section 10. The Illinois Public Aid Code is amended by
317-changing Section 1-7 as follows:
318-(305 ILCS 5/1-7) (from Ch. 23, par. 1-7)
319-Sec. 1-7. (a) For purposes of determining eligibility for
320-assistance under this Code, the Illinois Department, County
321-Departments, and local governmental units shall exclude from
322-consideration restitution payments, including all income and
323-resources derived therefrom, made to persons of Japanese or
324-Aleutian ancestry pursuant to the federal Civil Liberties Act
325-of 1988 and the Aleutian and Pribilof Island Restitution Act,
326-P.L. 100-383.
327-(b) For purposes of any program or form of assistance
328-where a person's income or assets are considered in
329-determining eligibility or level of assistance, whether under
330-this Code or another authority, neither the State of Illinois
331-nor any entity or person administering a program wholly or
332-partially financed by the State of Illinois or any of its
333-political subdivisions shall include restitution payments,
334-including all income and resources derived therefrom, made
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337-pursuant to the federal Civil Liberties Act of 1988 and the
338-Aleutian and Pribilof Island Restitution Act, P.L. 100-383, in
339-the calculation of income or assets for determining
340-eligibility or level of assistance.
341-(c) For purposes of determining eligibility for or the
342-amount of assistance under this Code, except for the
343-determination of eligibility for payments or programs under
344-the TANF employment, education, and training programs and the
345-Food Stamp Employment and Training Program, the Illinois
346-Department, County Departments, and local governmental units
347-shall exclude from consideration any financial assistance
348-received under any student aid program administered by an
349-agency of this State or the federal government, by a person who
350-is enrolled as a full-time or part-time student of any public
351-or private university, college, or community college in this
352-State.
353-(d) For purposes of determining eligibility for or the
354-amount of assistance under this Code, except for the
355-determination of eligibility for payments or programs under
356-the TANF employment, education, and training programs and the
357-SNAP Employment and Training Program, the Illinois Department,
358-County Departments, and local governmental units shall exclude
359-from consideration, for a period of 36 months, any financial
360-assistance, including wages, that is provided to a person who
361-is enrolled in a demonstration project that is not funded with
362-general revenue funds and that is intended as a bridge to
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365-self-sufficiency by offering (i) intensive workforce support
366-and training and (ii) support services for new and expectant
367-parents that are intended to foster multi-generational healthy
368-families as described in Section 12-4.51.
369-(e)(1) Notwithstanding any other provision of this Code,
370-and to the maximum extent permitted by federal law, for
371-purposes of determining eligibility and the amount of
372-assistance under this Code, the Illinois Department and local
373-governmental units shall exclude from consideration, for a
374-period of no more than 60 months, any financial assistance,
375-including wages, cash transfers, or gifts, that is provided to
376-a person through a guaranteed income program. As used in this
377-subsection, "guaranteed income program" means a publicly or
378-privately funded program that provides one-time or recurring
379-unconditional cash transfers or payments, or gifts to
380-individuals or households, for a defined number of months or
381-years for the purposes of reducing poverty, promoting economic
382-mobility, or increasing the financial stability of Illinois
383-residents. who is enrolled in a program or research project
384-that is not funded with general revenue funds and that is
385-intended to investigate the impacts of policies or programs
386-designed to reduce poverty, promote social mobility, or
387-increase financial stability for Illinois residents if there
388-is an explicit plan to collect data and evaluate the program or
389-initiative that is developed prior to participants in the
390-study being enrolled in the program and if a research team has
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177+1 2026.
178+2 (b) Discount. For all health care services exceeding $300
179+3 in any one inpatient admission or outpatient encounter, a
180+4 hospital shall not collect from an uninsured patient, deemed
181+5 eligible under subsection (a), more than its charges less the
182+6 amount of the uninsured discount.
183+7 (c) Maximum Collectible Amount.
184+8 (1) The maximum amount that may be collected in a
185+9 12-month period for health care services provided by the
186+10 hospital from a patient determined by that hospital to be
187+11 eligible under subsection (a) is 20% of the patient's
188+12 family income, and is subject to the patient's continued
189+13 eligibility under this Act.
190+14 (2) The 12-month period to which the maximum amount
191+15 applies shall begin on the first date, after the effective
192+16 date of this Act, an uninsured patient receives health
193+17 care services that are determined to be eligible for the
194+18 uninsured discount at that hospital.
195+19 (3) To be eligible to have this maximum amount applied
196+20 to subsequent charges, the uninsured patient shall inform
197+21 the hospital in subsequent inpatient admissions or
198+22 outpatient encounters that the patient has previously
199+23 received health care services from that hospital and was
200+24 determined to be entitled to the uninsured discount. The
201+25 availability of the maximum collectible amount shall be
202+26 included in the hospital's financial assistance
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393-been identified to oversee the evaluation.
394-(2) The Department shall choose State options and seek all
395-necessary federal approvals or waivers to implement this
396-subsection.
397-(Source: P.A. 100-806, eff. 1-1-19; 101-415, eff. 8-16-19.)
398-Section 99. Effective date. This Act takes effect January
399-1, 2024.
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213+1 information provided to uninsured patients.
214+2 (4) Hospitals may adopt policies to exclude an
215+3 uninsured patient from the application of subdivision
216+4 (c)(1) when the patient owns assets having a value in
217+5 excess of 600% of the federal poverty level for hospitals
218+6 in a metropolitan statistical area or owns assets having a
219+7 value in excess of 300% of the federal poverty level for
220+8 Critical Access Hospitals or hospitals outside a
221+9 metropolitan statistical area, not counting the following
222+10 assets: the uninsured patient's primary residence;
223+11 personal property exempt from judgment under Section
224+12 12-1001 of the Code of Civil Procedure; or any amounts
225+13 held in a pension or retirement plan, provided, however,
226+14 that distributions and payments from pension or retirement
227+15 plans may be included as income for the purposes of this
228+16 Act.
229+17 (d) Each hospital bill, invoice, or other summary of
230+18 charges to an uninsured patient shall include with it, or on
231+19 it, a prominent statement that an uninsured patient who meets
232+20 certain income requirements may qualify for an uninsured
233+21 discount and information regarding how an uninsured patient
234+22 may apply for consideration under the hospital's financial
235+23 assistance policy. The hospital's financial assistance
236+24 application shall include language that directs the uninsured
237+25 patient to contact the hospital's financial counseling
238+26 department with questions or concerns, along with contact
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249+1 information for the financial counseling department, and shall
250+2 state: "Complaints or concerns with the uninsured patient
251+3 discount application process or hospital financial assistance
252+4 process may be reported to the Health Care Bureau of the
253+5 Illinois Attorney General.". A website, phone number, or both
254+6 provided by the Attorney General shall be included with this
255+7 statement.
256+8 (Source: P.A. 102-581, eff. 1-1-22.)
257+9 (210 ILCS 89/15)
258+10 Sec. 15. Patient responsibility.
259+11 (a) Hospitals may make the availability of a discount and
260+12 the maximum collectible amount under this Act contingent upon
261+13 the uninsured patient first applying for coverage under public
262+14 health insurance programs, such as Medicare, Medicaid,
263+15 AllKids, the State Children's Health Insurance Program, the
264+16 Health Benefits for Immigrants program, or any other program,
265+17 if there is a reasonable basis to believe that the uninsured
266+18 patient may be eligible for such program.
267+19 (b) Hospitals shall permit an uninsured patient to apply
268+20 for a discount within 90 days of the date of discharge or date
269+21 of service.
270+22 Hospitals shall offer uninsured patients who receive
271+23 community-based primary care provided by a community health
272+24 center or a free and charitable clinic, are referred by such an
273+25 entity to the hospital, and seek access to nonemergency
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284+1 hospital-based health care services with an opportunity to be
285+2 screened for and assistance with applying for public health
286+3 insurance programs if there is a reasonable basis to believe
287+4 that the uninsured patient may be eligible for a public health
288+5 insurance program. An uninsured patient who receives
289+6 community-based primary care provided by a community health
290+7 center or free and charitable clinic and is referred by such an
291+8 entity to the hospital for whom there is not a reasonable basis
292+9 to believe that the uninsured patient may be eligible for a
293+10 public health insurance program shall be given the opportunity
294+11 to apply for hospital financial assistance when hospital
295+12 services are scheduled.
296+13 (1) Income verification. Hospitals may require an
297+14 uninsured patient who is requesting an uninsured discount
298+15 to provide documentation of family income. Acceptable
299+16 family income documentation shall include any one of the
300+17 following:
301+18 (A) a copy of the most recent tax return;
302+19 (B) a copy of the most recent W-2 form and 1099
303+20 forms;
304+21 (C) copies of the 2 most recent pay stubs;
305+22 (D) written income verification from an employer
306+23 if paid in cash; or
307+24 (E) one other reasonable form of third party
308+25 income verification deemed acceptable to the hospital.
309+26 (2) Asset verification. Hospitals may require an
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320+1 uninsured patient who is requesting an uninsured discount
321+2 to certify the existence or absence of assets owned by the
322+3 patient and to provide documentation of the value of such
323+4 assets, except for those assets referenced in paragraph
324+5 (4) of subsection (c) of Section 10. Acceptable
325+6 documentation may include statements from financial
326+7 institutions or some other third party verification of an
327+8 asset's value. If no third party verification exists, then
328+9 the patient shall certify as to the estimated value of the
329+10 asset.
330+11 (3) Illinois resident verification. Hospitals may
331+12 require an uninsured patient who is requesting an
332+13 uninsured discount to verify Illinois residency.
333+14 Acceptable verification of Illinois residency shall
334+15 include any one of the following:
335+16 (A) any of the documents listed in paragraph (1);
336+17 (B) a valid state-issued identification card;
337+18 (C) a recent residential utility bill;
338+19 (D) a lease agreement;
339+20 (E) a vehicle registration card;
340+21 (F) a voter registration card;
341+22 (G) mail addressed to the uninsured patient at an
342+23 Illinois address from a government or other credible
343+24 source;
344+25 (H) a statement from a family member of the
345+26 uninsured patient who resides at the same address and
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356+1 presents verification of residency;
357+2 (I) a letter from a homeless shelter, transitional
358+3 house or other similar facility verifying that the
359+4 uninsured patient resides at the facility; or
360+5 (J) a temporary visitor's drivers license.
361+6 (c) Hospital obligations toward an individual uninsured
362+7 patient under this Act shall cease if that patient
363+8 unreasonably fails or refuses to provide the hospital with
364+9 information or documentation requested under subsection (b) or
365+10 to apply for coverage under public programs when requested
366+11 under subsection (a) within 30 days of the hospital's request.
367+12 (d) In order for a hospital to determine the 12 month
368+13 maximum amount that can be collected from a patient deemed
369+14 eligible under Section 10, an uninsured patient shall inform
370+15 the hospital in subsequent inpatient admissions or outpatient
371+16 encounters that the patient has previously received health
372+17 care services from that hospital and was determined to be
373+18 entitled to the uninsured discount.
374+19 (e) Hospitals may require patients to certify that all of
375+20 the information provided in the application is true. The
376+21 application may state that if any of the information is
377+22 untrue, any discount granted to the patient is forfeited and
378+23 the patient is responsible for payment of the hospital's full
379+24 charges.
380+25 (f) Hospitals shall ask for an applicant's race,
381+26 ethnicity, sex, and preferred language on the financial
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392+1 assistance application. However, the questions shall be
393+2 clearly marked as optional responses for the patient and shall
394+3 note that responses or nonresponses by the patient will not
395+4 have any impact on the outcome of the application.
396+5 (Source: P.A. 102-581, eff. 1-1-22.)
397+6 Section 10. The Illinois Public Aid Code is amended by
398+7 changing Section 1-7 as follows:
399+8 (305 ILCS 5/1-7) (from Ch. 23, par. 1-7)
400+9 Sec. 1-7. (a) For purposes of determining eligibility for
401+10 assistance under this Code, the Illinois Department, County
402+11 Departments, and local governmental units shall exclude from
403+12 consideration restitution payments, including all income and
404+13 resources derived therefrom, made to persons of Japanese or
405+14 Aleutian ancestry pursuant to the federal Civil Liberties Act
406+15 of 1988 and the Aleutian and Pribilof Island Restitution Act,
407+16 P.L. 100-383.
408+17 (b) For purposes of any program or form of assistance
409+18 where a person's income or assets are considered in
410+19 determining eligibility or level of assistance, whether under
411+20 this Code or another authority, neither the State of Illinois
412+21 nor any entity or person administering a program wholly or
413+22 partially financed by the State of Illinois or any of its
414+23 political subdivisions shall include restitution payments,
415+24 including all income and resources derived therefrom, made
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426+1 pursuant to the federal Civil Liberties Act of 1988 and the
427+2 Aleutian and Pribilof Island Restitution Act, P.L. 100-383, in
428+3 the calculation of income or assets for determining
429+4 eligibility or level of assistance.
430+5 (c) For purposes of determining eligibility for or the
431+6 amount of assistance under this Code, except for the
432+7 determination of eligibility for payments or programs under
433+8 the TANF employment, education, and training programs and the
434+9 Food Stamp Employment and Training Program, the Illinois
435+10 Department, County Departments, and local governmental units
436+11 shall exclude from consideration any financial assistance
437+12 received under any student aid program administered by an
438+13 agency of this State or the federal government, by a person who
439+14 is enrolled as a full-time or part-time student of any public
440+15 or private university, college, or community college in this
441+16 State.
442+17 (d) For purposes of determining eligibility for or the
443+18 amount of assistance under this Code, except for the
444+19 determination of eligibility for payments or programs under
445+20 the TANF employment, education, and training programs and the
446+21 SNAP Employment and Training Program, the Illinois Department,
447+22 County Departments, and local governmental units shall exclude
448+23 from consideration, for a period of 36 months, any financial
449+24 assistance, including wages, that is provided to a person who
450+25 is enrolled in a demonstration project that is not funded with
451+26 general revenue funds and that is intended as a bridge to
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462+1 self-sufficiency by offering (i) intensive workforce support
463+2 and training and (ii) support services for new and expectant
464+3 parents that are intended to foster multi-generational healthy
465+4 families as described in Section 12-4.51.
466+5 (e)(1) Notwithstanding any other provision of this Code,
467+6 and to the maximum extent permitted by federal law, for
468+7 purposes of determining eligibility and the amount of
469+8 assistance under this Code, the Illinois Department and local
470+9 governmental units shall exclude from consideration, for a
471+10 period of no more than 60 months, any financial assistance,
472+11 including wages, cash transfers, or gifts, that is provided to
473+12 a person through a guaranteed income program. As used in this
474+13 subsection, "guaranteed income program" means a publicly or
475+14 privately funded program that provides one-time or recurring
476+15 unconditional cash transfers or payments, or gifts to
477+16 individuals or households, for a defined number of months or
478+17 years for the purposes of reducing poverty, promoting economic
479+18 mobility, or increasing the financial stability of Illinois
480+19 residents. who is enrolled in a program or research project
481+20 that is not funded with general revenue funds and that is
482+21 intended to investigate the impacts of policies or programs
483+22 designed to reduce poverty, promote social mobility, or
484+23 increase financial stability for Illinois residents if there
485+24 is an explicit plan to collect data and evaluate the program or
486+25 initiative that is developed prior to participants in the
487+26 study being enrolled in the program and if a research team has
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498+1 been identified to oversee the evaluation.
499+2 (2) The Department shall choose State options and seek all
500+3 necessary federal approvals or waivers to implement this
501+4 subsection.
502+5 (Source: P.A. 100-806, eff. 1-1-19; 101-415, eff. 8-16-19.)
503+6 Section 99. Effective date. This Act takes effect January
504+7 1, 2024.
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